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H1B Amendment + Extension during Extension in progress

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  • H1B Amendment + Extension during Extension in progress

    Case Details:
    i797 Expiry Date - 3/27/19
    i94 Expiry Date - 4/6/19
    H1 Extension Applied with Client A- 3/16/19
    H1 Receipt Notice - 3/19/19
    Got an offer with Client B - 04/10/19
    Client B Start Date - 4/29/19
    Upgraded to Premium Processing - 04/15/19
    Note: Employer is same in all the cases

    1. Considering we get an approval with Client A, we will go ahead and apply for the Amendment with Client B. This is a happy path. That being said, when are we going to apply for the Amendment - Before (or) After the H1 Extension approval with Client A?

    2. If we get a RFE for the H1B Extension (Client A),

    Can we still move to Client B and apply for the Amendment+Extension and withdraw/revoke the existing H1B extension petition with Client A.Is this a possible scenario? If yes, does the period of intended employment on the LCA stays the same i.e from 3/27/19 to 3/26/22. When do we need to apply for LCA and Amendment+Extension? Can we do concurrent Amendment+Extension filing before we get the decision on the existing H1B extension with Client A?

    Does withdrawing old petition pose any immigration issues?What other options do I have to pursue the Client B offer?

    3. If we get a denial for the H1B Extension (Client A), do I need to leave the country immediately as my i94 is expired?If yes, what are the options to come back to US? If no, what should I do without jeopardizing my current situation.

    Thanks in advance for your time and inputs.
    Last edited by KCReddie; 04-14-2019, 11:55 AM.

  • #2
    Any help is really appreciated.